MESSAGE NO: 9114203 DATE: 04 24 2009
CATEGORY: ADA TYPE: LIQ
REFERENCE: 9065203 REFERENCE DATE: 03 06 2009
CASES: A - 427 - 818 - -
- - - -
- - - -

PERIOD COVERED: 02 01 2008 TO 01 31 2009

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AUTOMATIC LIQUIDATION INSTRUCTIONS FOR LOW
ENRICHED URANIUM FROM FRANCE FOR ALL FIRMS
EXCEPT EURODIF S.A./AREVA NC (A-427-818)

1. COMMERCE DOES NOT AUTOMATICALLY CONDUCT ADMINISTRATIVE
REVIEWS OF ANTIDUMPING DUTY ORDERS. INSTEAD, REVIEWS MUST BE
REQUESTED PURSUANT TO SECTION 751(a)(1) OF THE TARIFF ACT OF
1930, AS AMENDED, AND IN ACCORDANCE WITH SECTION 351.213 OF
COMMERCE'S REGULATIONS.

2. COMMERCE HAS NOT RECEIVED A REQUEST FOR AN ADMINISTRATIVE
REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE PERIOD AND ON THE
MERCHANDISE LISTED BELOW, EXCEPT FOR THE FIRM NOTED.
THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c) OF COMMERCE'S
REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANISE
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE
CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY.

PRODUCT: LOW ENRICHED URANIUM
COUNTRY: FRANCE
CASE NUMBER: A-427-818
PERIOD: 02/01/2008 THROUGH 01/31/2009

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

EURODIF S.A./AREVA NC (FORMERLY KNOWN AS COMPAGNIE GENERALE DES
MATIERES NUCLEAIRES (COGEMA))


3. NOTE THAT FOR THE PURPOSES OF THIS MESSAGE, THE EXCLUDED
FIRM IN PARAGRAPH 2 ABOVE SHOULD UNTIL FURTHER NOTICE BE
CONSIDERED TO ENCOMPASS THE FOLLOWING NAME COMBINATIONS:

EURODIF S.A./AREVA NC (FORMERLY COGEMA)
EURODIF S.A.
AREVA NC (FORMERLY COMPAGNIE GENERALE DES MATIERES
NUCLEAIRES S.A.)
EURODIF/AREVA
COGEMA/EURODIF S.A.
AREVA/EURODIF S.A.
COGEMA

4. THERE ARE FOUR INJUNCTION MESSAGES THAT AFFECT ENTRIES OF
LOW ENRICHED URANIUM MANUFACTURED OR EXPORTED BY EURODIF S.A./
AREVA NC (FORMERLY COGEMA). THE RELEVANT MESSAGE NUMBERS
ARE AS FOLLOWS:

MESSAGE NUMBER 3168201, DATED 06/17/2003, COVERING ENTRIES MADE
DURING THE PERIOD (A) 07/13/2001 THROUGH 01/08/2002 OR (B) ON
AND AFTER 02/13/2002;

MESSAGE NUMBER 9084203, DATED 03/25/2009, IN CONNECTION WITH
COURT CASE NUMBER 04-00426, COVERING ENTRIES MADE DURING THE
PERIOD (A) ON OR AFTER 07/13/2001 THROUGH 01/08/2002 OR (B) ON
OR AFTER 02/13/2002 THROUGH 01/31/2003;

MESSAGE NUMBER 6027214, DATED 01/27/2006, IN CONNECTION WITH
COURT CASE NUMBER 05-00564, COVERING ENTRIES MADE DURING THE
PERIOD 02/01/2003 THROUGH 01/31/2004; AND

MESSAGE NUMBER 9065203, DATED 03/06/2009, IN CONNECTION WITH
COURT CASE NUMBER 06-00326, COVERING ENTRIES MADE DURING THE
PERIOD 02/01/2004 THROUGH 01/31/2005.

ACCORDINGLY, UNTIL FURTHER NOTICE, CONTINUE TO SUSPEND
LIQUIDATION OF THESE ENTRIES UNTIL LIQUIDATION INSTRUCTIONS ARE
PROVIDED FOR EACH OF THESE PERIODS. UNTIL FURTHER NOTICE THE
ENJOINING OF LIQUIDATION REFERENCED IN THIS PARAGRAPH SHOULD BE
CONSIDERED TO APPLY TO ALL OF THE NAME COMBINATIONS REFERENCED
IN PARAGRAPH 3 ABOVE.

5. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF THE ANTIDUMPING DUTY ADMINISTRATIVE REVIEWS.
CONTINUE TO SUSPEND LIQUIDATION OF ALL ENTRIES OF MERCHANDISE
EXPORTED OR PRODUCED BY THE LISTED FIRM AND ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS PERIOD.


6. NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE DURING THE PERIOD 02/01/2008 THROUGH
01/31/2009 OCCURRED WITH THE PUBLICATION OF THE NOTICE OF
INITIATION OF ADMINISTRATIVE REVIEW FOR THE 02/2009 ANNIVERSARY
MONTH (74 FR 12310, 03/24/2009). FOR ALL OTHER SHIPMENTS OF
LOW ENRICHED URANIUM FROM FRANCE YOU SHALL, UNLESS OTHERWISE
INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.

7. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP ON SHIPMENTS OR
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES
THAT CBP PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON
UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE
TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE
THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES IS REQUIRED THROUGH THE DATE OF LIQUIDATION.
THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN
EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954
FOR SUCH PERIOD.

8. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTION 351.402(f)(2) OF COMMERCE'S REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR
TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT
HAS AN AGREEMENT WITH THE MANUFACTURER, PRODUCER, SELLER, OR
EXPORTER, TO BE REIMBURSED ANTIDUMPING DUTIES, CBP SHOULD
DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER
DOES NOT PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE. THE CORRESPONDING COUNTERVAILING DUTY
ORDER ON LOW ENRICHED URANIUM FROM FRANCE (C-427-819) WAS
REVOKED EFFECTIVE 05/14/2001, SEE MESSAGE NUMBER 7165202, DATED
06/14/2007.

9. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O6:JA).

10. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.


CHRISTINE FURGASON